Bill Text: PA HB1502 | 2011-2012 | Regular Session | Introduced

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Bill Title: Requiring the drug testing of certain employees and providing penalties for positive drug tests.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2011-05-09 - Referred to LABOR AND INDUSTRY [HB1502 Detail]

Download: Pennsylvania-2011-HB1502-Introduced.html

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PRINTER'S NO. 1804
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1502 Session of2011
INTRODUCED BY CRUZ, YOUNGBLOOD, READSHAW, CUTLER, DALEY, DeLUCA, EVANKOVICH AND ROAE, MAY 9, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 9, 2011
AN ACT
Requiring the drug testing of certain employees and providing
penalties for positive drug tests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public
Employee Drug Testing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." A Commonwealth worker who falls into any of the
following categories and works for any employer:
(1) Home care and older adult services worker.
(2) Teacher.
(3) Child-care worker.
(4) Elected official.
"Employer." A Commonwealth agency that employs an employee.
Section 3. Drug testing.
(a) Requirements.--The Department of General Services shall
contract with a drug testing corporation or company to
administer the provisions of this act. Before selecting the
corporation or company, the Department of General Services shall
use a competitive bidding process and shall look at the quality
of the drug testing performed and training courses offered.
(b) Policies.--Each employer shall determine the frequency
and scope of the random and unannounced drug testing, with
assistance from the testing corporation or company selected
under subsection (a). The policy shall include a list of
prohibited drugs. The drug testing policies shall be explicitly
stated and given to the employees affected by this act. The
employer shall also determine what constitutes sufficient
documentation under the provisions of section 8.
(c) Refusal.--If an employee refuses to participate in the
random drug testing performed under this act, the employee shall
be suspended under section 5.
Section 4. Public record.
Unless otherwise prohibited by Federal law or the laws of
this Commonwealth, the results of a random drug test shall be
available to the public under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
Section 5. Suspension.
If an employee's drug test comes back positive, with any
indication of tampering or if the employee refused to take a
random drug test, the employee shall be suspended from all
employment activities that fall under the scope of this act. The
employee shall be offered a timely hearing. The employee shall
be informed of all rights and responsibilities, including the
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ability to pay for a second drug test to rebut the employer's
random drug test.
Section 6. Administrative hearing.
(a) Hearing.--A hearing shall be conducted in accordance
with 2 Pa.C.S. (relating to administrative law and procedure) by
trained individuals.
(b) Training.--The training shall consist of information
necessary to understand the process of drug testing, the results
given by the company or corporation and any defenses that may
generally arise. The training shall be given by the drug testing
company or corporation.
(c) Determination.--
(1) If an employee is found to be in compliance with the
employer's drug testing policy, the employee shall be
immediately reinstated and shall be given pay for the days
missed while on suspension.
(2) If an employee is found not to be in compliance with
the employer's drug testing policy, the employee may be fired
with cause and any benefits terminated immediately. The
suspension shall not be paid unless the employee had earned
compensatory time, sick time or annual leave time.
(d) Refusal.--If an employee does not show up or refuses to
participate in a hearing, the employee may be regarded as having
been found not in compliance with the employer's drug policies.
(e) Appeal.--The employee shall have the right to appeal any
adverse finding under this section to the court of common pleas.
Section 7. Records.
The employer shall maintain a database of when the randomized
drug testing was done, the results and any action taken against
an employee. These records shall be accessible by the public in
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accordance with section 4 and shall be accessible to law
enforcement officers upon request when in conjunction with an
investigation on drug use, unless otherwise prohibited by
Federal or State law. These records shall be maintained for at
least ten years for each employee.
Section 8. Applicability.
(a) Union members.--An employee who is a member of a union
on the effective date of this act shall be exempt from random
drug testing under this act until the next contract negotiation
by the union.
(b) Rehabilitation programs.--If an employee is in a drug
treatment program and provides sufficient documentation of
active participation in the treatment program, including
cooperation with any drug testing, the employer may temporarily
exempt the employee from any random drug testing. Any
information regarding the participation in a drug treatment
program shall not be designated a public record under the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(c) Exemption.--If an employee provides sufficient
documentation of a religious need to be exempted or a medical
reason why the employee cannot take a random drug test, the
employer shall exempt the employee from the provisions of this
act.
Section 9. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 10. Effective date.
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This act shall take effect in 60 days.
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